H1N1 Flu Vaccinations for the Kids – When Parents Disagree

parents-argueWith flu season back with a vengeance, many parents are struggling with the decision of whether to inoculate their children from H1N1 or Swine Flu. This has been compounded with recent reports of side effects of the vaccine, and some reports of the vaccines being administered incorrectly. What are your legal options if your co-parent disagrees with you on whether the H1N1 vaccine is for your child?

Currently there is no legislation compelling parents to vaccinate their children against swine flu. (If there was, then the refusal of one parent would immediately trigger legal consequences.) As such, in a normal home set up where two parents live together and make all decisions regarding their children, Family Law is very limited and the justice system is unable to help you force your co-parent to agree to inoculate or not inoculate your child. In this situation, it is recommended that you research the vaccination together, discuss reservations and justifications, and attempt to resolve the issue at home.

If disagreement between the parents is so extreme that it leads to a separation, then legal issues of child custody, visitation, and best interest decisions, which include medical decision making such us swine flu immunization and other types of immunization, would come into play.

In a situation where the parents are already separated, the winning decision is that of the parent that has custody. That gives the parent the power to make major decisions for the children, including medical treatment decisions.

In the case of joint custody, and there is a disagreement regarding a major decision, a lawyer would have to look at the terms of the Custody Order to see if there is provision for a vetoing power which would allow you to override their disapproval of vaccinating the child. Custody Orders are drafted to state that where two parents with joint custody cannot agree on a specific decision, the decision of one parent will prevail over the other. Usually, the parent with whom the children have physical residence will get vetoing power, but each specific family arrangement situation is different and each specific family situation would have to be reviewed separately.

As it is right now,vaccination against the H1N1 is a public health matter of great national and global concern. It is in the discretion of each parent whether or not to have their children vaccinated, based on their judgment as to what is in the best interest of the health of their children.

Julius Omware is a lawyer at Niren and Associates Family Law Practice in Toronto.

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By julius - Last updated: Wednesday, November 11, 2009
Filed in Child Custody in Ontario, Questions and Answers • Tags: , ,